Calculating Damages in Personal Injury Claims

Posted By The Stewart Law Firm, PLLC || 10-May-2017

While there is no set amount or universally accepted formula used to calculate
the damages awarded in a
personal injury claim, there are some guidelines available to provide injured victims
an idea of what an acceptable offer of compensation might look like. One
of the more common formulas involves a multiplier that is determined by
the severity of your injuries, which is multiplied by medical expenses
you have incurred associated with the injury. The result is an estimate
of your non-economic damages, otherwise known as pain and suffering. It
is added to the amount calculated from your economic damages, totaling
an estimate for compensation.

The Multiplier

A multiplier will typically range between 1.5 and 5, based on the facts
related to your injuries, including the severity, the amount of treatment
necessary to recover as well as the need for future treatment, whether
or not you are expected to make a full recovery, and if the injuries are
expected to have permanent or long-lasting effects. This is one of the
most contentious elements in calculating the damages of a personal injury
claim, given its incredibly subjective nature.

Economic Damages

An injured party can receive compensation for two types of damages –
economic and non-economic. Economic damages refer to tangible losses and
expenses such as money needed to repair your vehicle, medical bills, lost
wages or loss of work, money needed to pay for household services you
can no longer perform yourself, and money for future economic losses.

Non-Economic Damages

Non-economic damages refer to the more abstract issues associated with
one's injuries and are commonly referred to as “pain and suffering.”
These damages usually include mental suffering, physical pain, humiliation,
emotional distress, damage to a person’s reputation, and the worsening
of previous injuries that might have existed.

Modified Comparative Negligence

After calculating damages, you might have to reduce the estimate if you
were partially responsible for the accident. Texas is a comparative negligence
state, which means the law requires a jury award to be reduced by an individual’s
percentage of fault. If it is determined that you are more than 50% at
fault for the occurrence of the accident, you will not win any damages.

With this in mind, it is crucial never to admit any liability or fault.
An insurance adjuster will likely employ tactics to coax you into admitting
fault even if you were not responsible for the accident. Stick to the
basic facts when speaking to an insurance adjuster and never agree to
give a recorded statement. It is also crucial to seek representation from
a skilled personal injury attorney as soon as possible. He or she will
be able to advise you throughout the process to ensure no mistakes are
made during settlement negotiations and, if necessary, will be able to
effectively litigate your case in court.

Austin Personal Injury Attorney

Over the course of our history, The Stewart Law Firm, PLLC has successfully
represented thousands of injured clients in Austin and in the surrounding
areas. Whether we are negotiating a favorable settlement or litigating
a case in court, we are committed to obtaining the maximum compensation
on behalf of every client we serve. You should not be burdened with costs
associated with injuries that were not your fault. We are here to make
sure those responsible for your suffering are held accountable.